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Smith Bigman Brock
Daytona Beach, Florida
386-254-6875

business litigation Archives

What is a trademark infringement

If you are like many business owners or executives in Florida, you know that your intellectual property should be carefully protected. Similarly, you know that avoiding an issue with another company's intellectual property can be important. In monitoring these things, it is good for you to understand the world of trademark infringements as trademarks may be among the types of intellectual property commonly involved in disputes.

US companies face threat to intellectual property from China

In Florida, new businesses are started every day. While business owners are often focused on the basics of running the business, there are much more complicated matters that will eventually come up. One of these is the reality of protecting intellectual property. According to the The Heartland Institute, the United States is ranked number one in intellectual property protection among the 50 largest economies in the world, but China still remains a large problem.

Understanding contract consideration

Your business partnerships in Daytona Beach are much more clearly defined when you have a contract in place. Yet as many of the companies that we here at Smith Bigman Brock have worked with in the past can attest to, simply having a written contract does not mean that such an agreement is valid (and, by extension, enforceable). It is the language and terms within a contract that confirms its validity. 

Copyright protections and the need for clarity

Business people in Florida across a variety of industries may find themselves without a clear understanding of copyrights. This type of protection is one of many forms of intellectual property and may also be one that has the potential for unintentional violations by individuals or companies.

When do I need a nondisclosure agreement?

If you work for a company in Florida and need to hire an outside vendor to perform some work for your company, you may well need to share sensitive business or industry information with that vendor in order for them to do the work you want them to do. Certainly, this sounds a bit concerning as the information you would share must be kept in confidence and not used incorrectly. This is what a nondisclosure agreement is for.

Understanding an unfair competitive advantage

Most any business in Florida has some sort of competition and that makes it understandable that owners and management teams spend a good deal of energy on finding ways for their companies to outdo their competitors. This is part and parcel of a capitalist society and economy. However, there is a line between what is a reasonable and legal competitive advantage and what is an unreasonable and illegal competitive advantage.

Tips on creating a business partnership

Many people in Florida have dreams of owning their own businesses. In some cases, this may be achieved by working with another person and establishing a partnership. However, it is important that entrepreneurs proceed with caution before signing up to partner with another person as there may be serious legal and financial ramifications if a partnership does not work out as intended or hoped. 

Detailing the Deceptive and Unfair Trade Practices Act

Most in Daytona Beach may anticipate that the business world will be cutthroat and competitive. Yet simply because you and your company are in a state of constant competition with your competitors does not mean that you (and them) are not required to follow ethical practice guidelines. Some might hear the term "unfair competition" and roll their eyes, believing it to only be an accusation made by companies that are falling behind in their markets. Yet several business representatives often come to us here at Smith Bigman Brock asking for specific examples of unfair competitive practices. 

Company alleges client lured away its co-founder

A company's most valuable asset is its workforce. Its employees may be the reason behind its reputation and brand loyalty, which ultimately allows it to compete in its market. For this reason, it may not be surprising to hear that a local business in Daytona Beach is willing to go so far as to litigate in order to ensure that its employees are not poached away by competitors (or in answer to unfair and/or unethical recruiting practices). 

Evaluating whether non-compete agreements are enforceable

Of all of the assets that businesses in Daytona Beach value, chief among them has to be their employees. This is why if you do happen to lose an employee, your greatest fear may be that they will either immediately go to a competitor and share some of your valuable trade secrets, or try and poach some of your other employees. Many clients come to our team here at Smith Bigman Brock convinced that a non-compete agreement will prevent this, yet that depends on the nature of the agreement. If its deemed to be too restrictive, the court may actually rule that it is non-enforceable. 

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Smith Bigman Brock

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Daytona Beach, FL 32118

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